Sludge Dumping Cleared For Farm In Stewartsville

The New Jersey Department of Environmental Protection has granted an emergency permit to Dale Crouse for land application of sludge as a soil conditioner at his Stewartsville farm in Warren County.

Crouse already holds a final permit from NJDEP for sludge application at his Harmony Township site, Harmony Dale Farm.

Attorney James DeBosh saidGreenwich and Lopatcong townships, in which the Stewartsville farm is situated, will appeal the issuance of the emergency permit to the State Appellate Court Division in Trenton, N.J.

Previously, state Superior Court Judge Bryant Griffin denied the townships' request for a temporary restraining order preventing NJDEP from issuing the emergency permit to Crouse. Under Griffin's ruling, the townships have a seven-day grace period from the date the permit was issued in which to appeal. During that time, no sludge may be applied to the Stewartsville site.

NJDEP spokesman George Klenk said yesterday the 180-day permit was issued to Crouse April 8 and will expire Oct. 4. Klenk said approximately 20 acres were approved for land application of either liquid or de-watered residuals, while another 35 to 40 acres received conditional approval, "pending development and implementation of a farm management plan and soil erosion and sediment control plan." He said materials will not be applied to the remaining 12 to 17 acres due to either wet soil, slope or proximity to erosion gullies.

Klenk said other sites within the state have been granted emergency permits such as Crouse's. NJDEP began issuing the emergency permits when regulations preventing the disposal of clean sludges at landfills took effect last month.

The only difference between an emergency permit and a final permit is that a period of public comment and a public hearing must be scheduled for a final permit. A final permit is granted for a five-year period, rather than for a 180-day term.

Klenk said recipients of emergency permits must notify the state within 90 days of issuance if they wish to apply for a final permit. The NJDEP would then begin notification for a public comment period and hearing, he said.

Both Crouse and his engineer, Edward Clerico of Applied Waste Water Technology, Edison, N.J., said they had received verbal notification of the permit approval but had not seen the written document yet.

Crouse said he and Clerico have written to the department requesting a public hearing as soon as possible. "I'm trying to be as up front as possible," he said.

Crouse stressed that the emergency permit still requires all testing and monitoring of the site and materials, as in a final permit. "All state-of- the-art technology will be utilized," he said, "Nothing is going to be short cut."

Crouse did not specify sites from which he will receive sludge, but he said he would use any source that is clean and safe. He said improving the quality of the soil and its ability to grow crops is his main goal. "Organically fertilizing crops - that's our game," he said. He said he uses the material as a plant nutrient and does not view his operation as a disposal site.

Klenk said, "Residuals from each source can only be land applied after their quality and stabilization are approved in writing by NJDEP."

He said the permit allows Crouse to grow winter wheat, corn for silage and corn for grain on the fields. He said application rates of sludge may not exceed 10,000 gallons per acre per day. The permit also outlines all monitoring, sampling and reporting procedures.

Klenk said failure to comply with the permit would result in a violation of the New Jersey Water Pollution Control Act, which provides for civil penalties not to exceed $10,000 per day per violation.

DeBosh said the two townships "will be challenging the emergency permit on a number of bases."

First, he said the municipalities will argue that no emergency exists. He said he had learned recently that the licensed sludge-burning incinerator in Somerset County has excess capacity. "Obviously, I think if you have a place that's licensed, you go there first before you declare an emergency," he said.

DeBosh said the appeal will contend "the administrative regulations don't allow for due process of law." By that, he said he meant that the public hearing and comment periods are ommitted.

"Then obviously, we're going to contest the permit on its merit," DeBosh said. He said the townships would question the suitability of soils, slope and other factors at the site.

Harmony Township is now in litigation against Crouse for his operation in that community.